abuna

This is the Mishnah: “Their tithes are tithes for each basket in the other one, he gave it a name,” because he declared both names at the same time. One after the other you accept only the very first version. Rebbi Abuna said, the Sages agree with Rebbi Meïr about him who says “this heave substitutes for Second” (that he is guilty). “This animal instead of well-being offerings,” he is obligated for two since he declared two names at the same time; hence, one after the other you accept only the very first version. Not so, said Rebbi Samuel bar Rav Isaac who said in the name of Rav Huna: “This one shall be a substitute for a burnt offering,” he may retract that within the time for speech. That is, if he wants to retract, there if he wants to add. If one said, “this is heave,” even within the time of speech he cannot retract. A person can be asked about his dedication but nobody can be asked about his heave.

Rebbi Simeon ben Laqish said, this is a fine imposed by Rebbi Meïr. Did he act on that, “if somebody draws his vine over somebody else’s grain …”? But what did that person do? When it grows, it grows according to his intention. One person showed his tetradrachma to Rebbi Eleazar who told him that it was good. It turned out to be worthless. This case came before Rebbi Simeon ben Laqish who fined him according to the following: If somebody shows a denar to the money-changer and it turns out to be bad, [the money-changer] has to pay because he takes a fee. Does Rebbi Eleazar take a fee? Rebbi Jacob bar Aḥa in the name of Rebbi Abuna: One who takes it into his hand has the status of one who takes a fee. Rebbi Yose ben Rebbi Abun does not say so, but Rebbi Eleazar says that this fine is imposed by the rabbis; Rebbi Simeon ben Laqish says the fine is imposed by Rebbi Meïr. When the case came before Rebbi Simeon ben Laqish, he asked Rebbi Eleazar, who imposed this fine? He [Rebbi Eleazar] said, the rabbis. He [Rebbi Simeon ben Laqish] answered him, go and pay.

Rebbi Yose said that Rebbi Abuna asked: What is the difference between dirtying and making a shelter? Dirtying is like appointing a watchman, a shelter creates shadow [for the plant] and it grows because of that.

There (Mishnah 4:5), we have stated: “He who breaks off [branches] from an olive tree should not cover with dust but he may cover with stones or straw.” Rebbi Jonah said that Rebbi Abuna asked: What is the difference between straw and dust? Straw may only be compared to appointing a watchman, dust creates clay and [the plant] grows because of that.

They saw the young Rebbi Abuna collecting donkey’s dung on the Sabbath. Rebbi Jonah and Rebbi Yose permitted baking for Ursicinus on the Sabbath. Rebbi Mana said, I asked before my father Rebbi Jonah, did not Rebbi Zeїra and Rebbi Joḥanan in the name of Rebbi Yannai, Rebbi Jeremiah, Rebbi Joḥanan in the name of Rebbi Simeon ben Yoẓadaq, say that they voted on the upper floor of the Libzah house in Lydda: About all the Torah, if a Gentile tells a Jew to transgress any commandment of the Torah except those concerning idolatry, incest and adultery, and murder he should transgress and not be killed. That is in private, but in public he should not follow him even for the slightest commandment, as exemplified by Julianus and his brother Pappos whom they gave water in a colored glass and they did not accept. He said, he does not intend to lead you to apostasy, he only wants to eat warm bread. What means “in public”? The rabbis of Caesarea say ten, as it is written (Lev. 22:32): “I shall be sanctified in the midst of the Children of Israel.”

Rebbi Abuna asked before Rebbi Ammi: Are Gentiles required to sanctify the Name? He said to him (Lev. 22:32): “I shall be sanctified in the midst of the Children of Israel.” Israel are required to sanctify the Name; the Gentiles are not required to sanctify the Name. Rebbi Nasa in the name of Rebbi Lazar understood it from the following (2K. 5:18): “May the Eternal forgive His servant for this, etc.” Israel are required to sanctify the Name; the Gentiles are not required to sanctify the Name.

“Less than five quarter [qab] of grain.” Rebbi Abina said, this you said if it was less than five quarter [qab] of grain. But if it were exactly five quarters, this does not apply. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abuna, it was not said on that but on the following: Rebbi Joḥanan said, dema‘ is free from ḥallah but ḥallah is obligated for what is possible dema‘ and is eaten because of dema‘. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abuna, when has this been said? For more than five quarter [qab], but for exactly five quarters it is exempt from ḥallah.

“Less than five quarter [qab] of grain.” Rebbi Abina said, this you said if it was less than five quarter [qab] of grain. But if it were exactly five quarters, this does not apply. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abuna, it was not said on that but on the following: Rebbi Joḥanan said, dema‘ is free from ḥallah but ḥallah is obligated for what is possible dema‘ and is eaten because of dema‘. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abuna, when has this been said? For more than five quarter [qab], but for exactly five quarters it is exempt from ḥallah.

How many form a camp? Rebbi Ḥananiah said, one hundred. Gideon came with the hundred men who were with him to the border of the camp. Rebbi Abuna asked, if it had said, “the camp of a hundred men who were with him” it would be acceptable. Rebbi Joḥanan said, ten: David’s servants came and spoke to Nabal, etc. What means and they rested? Rebbi Justus bar Shune said, they made a camp. Rebbi Jehudah ben Pazi said, ten: Until the camp was large like God’s camp. How many are “God’s camp”? Ten. It was stated in the name of Rebbi Jehudah: 12’000 who are marching off as camp of Israel in a war of choice are permitted to rob moist wood but are forbidden to rob dry wood. Those who march out in a war of obligation are permitted to rob both dry and moist wood. Rebbi Daniel the son of Rav Qatina in the name of Rav Ḥuna: If they were made into bundles it is forbidden. So far if it was not close to a forest; even if it was close to a forest. So far if it was not close to a spring; even if it was close to a spring. If they brought it with them to a town, they already are freed from liability. What they took out with them from a town already is liable for demay. Rebbi Yose in the name of Rebbi Abbahu, Rebbi Ḥizqiah said in the name of Rebbi Jehudah ben Pazi: Demay was put in order or not in order.

If he acquired a place of Sabbath rest when Gentiles came and surrounded him with a barrier. Rebbi Ḥuna said, the barrier is of no use for him but he may walk 2’000 [cubits] and carry within four. Ḥiyya the son of Rav said, he walks and carries within 2’000. Rebbi Jacob bar Aḥa, Rebbi Abuna in the name of Ḥiyya the son of Rav: He walks within 2’000 and carries within 4’000 cubits by throwing. They wanted to say, their disagreement is following Rebbi Joshua and Rebbi Aqiba; but following Rabban Gamliel and Rebbi Eleazar ben Azariah they do not disagree. Even following Rabban Gamliel and Rebbi Eleazar ben Azariah they disagree; one who had acquired a place of Sabbath rest is in better shape than one who had not acquired a place of Sabbath rest.

HALAKHAH: Paragraph. “One gives a fore-court to the city,” etc. Rav Ḥuna in the name of [Rav]: Rebbi Meïr and the rabbis explain the same verse. Rebbi Meïr explained: From the city wall, why does the verse say, outwards? From here that one gives a fore-court to the city. The rabbis explained, outwards, why does the verse say, from the city wall? From that one does (not) give a fore-court to the city. Does this not mean that one gives a fore-court to the city? Rebbi Jacob bar Aḥa, Rebbi Abuna, Rebbi Naḥum in the name of Rebbi Samuel bar Abba, the Mishnah is finished.

If from him to a river were 75 cubits. Two Amoraim, one said, he measures with a rope of 50 cubits and returns 25 cubits; but the other one said, he measures with a rope of 50 cubits and the remainder he measures with a rope of four cubits. If the river was narrow on top and wide below, up to 50 cubits one considers it as if full of dust and pebbles; otherwise one sees it inclining upwards and inclining downwards. If the river was bent, Rebbi Ḥasdai says, with telescopes he estimates in the plain and does the same with a mountain. Rebbi Aḥa, Rebbi Ḥinena, Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: only if the measure results in the mountain four hand-breadths as a place. Rebbi Yose, Rebbi Abuna in the name of Rav Jehudah, Rebbi Yudan has it in the name of Rav: If one holds it high above his head and the other by his feet, everybody agrees that one strip-measures. The high one over his head and the low one on his hips, everybody agrees that one strip-measures. Where do they disagree? On his heart; Rebbi Meïr says one strip-measures but the Sages say one does not strip-measure.

It was stated: “The House of Shammai say, one does not burn pure meat with impure meat, but the House of Hillel permit.” In the opinion of Bar Qappara it is understandable. One burns what is disqualified by the Torah with what is disqualified as impure by the Torah. And it was necessary to let hear, impurity by their words with impurity by the Torah. In the opinion of Rebbi Joḥanan, if one burns disqualified by the Torah together with impurity by the Torah, so much more impurity by the Torah together with impurity by the Torah. Rebbi Ḥananiah, the executive officer of the Cohanim, did state it in the name of the House of Shammai and the House of Hillel. Rebbi Mana said before Rebbi Yose: The opinion of Rebbi Joḥanan is understandable, for Rebbi Joḥanan said, for six doubts one was permanently suspending, but in Usha they decided burning for them. Was Rebbi Ḥananiah, the executive officer of the Cohanim, not before Usha? Before Usha there was no burning for their words. He told him, explain it if it became impure in a glass vessel. He retorted, even if you are saying that it became impure in a glass vessel, did not Rebbi Zeˋira, Rebbi Abuna say in the name of Rebbi Jeremiah, Yose ben Yoˋezer from Sereda and Yose ben Joḥanan from Jerusalem decided impurity for Gentile land and glass ware. [Rebbi Jehuda said, Jehudah ben Tabbai and Simeon ben Šetah decided on metal vessels. Hillel and Shammai decided on purity of hands.] Rebbi Jeremiah was of the opinion that for Gentile land there is suspension and for glass ware there is suspension. Rebbi Yose was of the opinion that for Gentile lands there is suspension, for glassware burning. The following are the six doubts: “On the doubt of a bet happeras, on the doubt of Gentile land, on the doubt of clothing of the vulgar, on the doubt of spittle, on the doubt of human urine which is separate from animal urine, on certain touch which is a doubt of impurity on these one burns heave.

HALAKHAH: It is written, he sprinkled from it, from its entirety. Rebbi Abuna said, only from a complete sacrifice. “It is written, they shall burn it, and he shall burn it, and he shall burn them. Why does the verse say they shall burn it, the qualified, not the disqualified. And he shall burn it, that he may not mix fat with fat. And he shall burn them, all of them together.” Here you are saying, and he shall burn it, that he may not mix fat with fat; and there you are saying, and he shall burn them, all of them together. Rebbi La said, here in the tureen, there on the top of the altar.

We find that the Temple was destroyed the first time only because they were active idolators, and uncoverers of nakedness, and spillers of blood. And so the second time. Rebbi Joḥanan ben Torta said, we find that Shiloh was destroyed only because they slighted the holidays and desecrated the sancta. We find that the Temple was destroyed the first time only because they were active idolators, and uncoverers of nakedness, and spillers of blood. But of the second we know that they toiled in the Torah, were careful about the commandments and tithes, and every good custom was in them; only they loved money and hated one another without reason. Hate without reason is hard for it is the equivalent if idolatry, and uncovering nakedness, and spilling of blood. An example. Rebbi Zeˋira, and Rebbi Jacob bar Aḥa, and Rebbi Abuna, were sitting and saying, it is worse since the first time it was rebuilt but the second time it was not rebuilt. Rebbi Zeˋira said, the first ones repented, the second ones did not repent. Rebbi Eleazar said, the first time their sin was brought into the open and so was their end; the second time their sin was brought into the open but their end was not brought into the open. They asked Rebbi Eliezer, are the later generations more qualified than the first? He told them, your witness, the Temple, shall prove it. Our forefathers removed the ceiling, the curtain of Jehudah was lifted, but we blew out the walls, who are saying, make bare, make bare, up to its foundations. They said, any generation in which it is not rebuilt is debited as if it had destroyed it.

HALAKHAH: What is Rebbi Eliezer’s reason? It says here, you shall sit, and it says there, at the door of the Tent of Meeting they shall sit day and night. Since for the sitting mentioned there He made nights like days, so also for the sitting mentioned here we shall make nights like days. Rebbi Joḥanan in the name of Rebbi Ismael: It is said fifteenth for Passover and it is said fifteenth for Tabernacles. Since for fifteenth said for Passover the first night is obligatory and the remaining days are optional, so also for fifteenth said for Tabernacles the first night is obligatory and the remaining days are optional. The colleagues asked, since there only that one comes to eat mazzah with an appetite, so also here only they come to eat in the sukkah with appetite? Rebbi Ze`ira asked: Since there only one has to eat mazzah in the volume of an olive, so also here only one has to eat grain [in the sukkah] in the volume of an olive? Rebbi Hoshaia said, the sukkah is obligatory all seven days. Rebbi Berekhiah said, they disagree. Rebbi Abuna said, they do not disagree. What Rebbi Joḥanan said, if he put his mind to it; what Rebbi Hoshaia said, if he did not put his mind to it.

HALAKHAH: Why non-sanctified? Even if it is sanctified! Did not Rebbi Aḥa, Rebbi Ḥinena say in the name of Rebbi Yasa, you shall sanctify the altar; then the altar will be most holy. Since the altar only sanctifies with intention, so vessels should only sanctify with intention. Ḥizqiah said, that they should not say, we saw that water filled for the sanctification of hands and feet become disqualified by staying overnight. In the House of Rebbi Yannai they said, that they should not say, we saw that water filled for Tabernacles become disqualified by staying overnight. Rebbi Joḥanan said, because of the evil impression; but we do not know whether following Ḥizqiah or according to everybody’s opinion following Rebbi Yannai. Rebbi Pedat in the name of Rebbi Hoshaia: The water for a deviant wife becomes disqualified by staying overnight. Rebbi Abuna: anything of whose kind nothing possibly is for the altar cannot become disqualified by staying overnight.

Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: If the Day of Atonement happens to be on the Sabbath, one mentions Sabbath in Ne`ilah even though there is no Ne`ilah for Sabbath. Rebbi Simon in the name of Rebbi Joshua ben Levi: On a Sabbath that falls on Ḥanukkah, one mentions Ḥanukkah for Musaf even though there is no Musaf for Ḥanukkah. They added to it: If the New Moon happens to be on a public fast-day, one mentions the New Moon in Ne`ilah even though there is no Ne`ilah for the New Moon. When the New Moon falls on a fast-day, how does one mention the New Moon? Rebbi Ze`ira said, in “thanksgiving”. Rebbi Abba bar Mamal said, in “Temple service”. Rebbi Abuna said, one says it as the fourth benediction. Rebbi Abba said, since we find everywhere that one says it as the fourth benediction, here also as the fourth benediction. And so it was acted upon according to Rebbi Abba.

“And the city was breached.” It is written, on the Ninth of the month the city was breached, and you are saying so? Rebbi Tanḥum bar Ḥanilai said, here is an erroneous computation. That is what is written, it was in the eleventh year, on the first of the month, was the Eternal’s word to me, saying: Son of man, since Tyre said about Jerusalem hurrah. What “hurrah”? If you are saying on the first of Av, it still was not burned. If you are saying on the first of Ellul, cannot in one day and night the messenger leave Jerusalem and arrive at Tyre? But here is an erroneous computation. Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Joḥanan said, {a parable} of a king who was sitting and computing computations. They came and told him, your son was kidnapped; his computations became erroneous. He said, let this be the beginning of computations. Rebbi Simeon ben Laqish said, {a parable} of a king who was sitting and computing computations. They came and told him, your son was kidnapped and incapacitated; his computations became erroneous. He said, let this be the beginning of computations. Rebbi Mana asked, one understands this that they were erroneous for the past; maybe for the future? Whether one follows him who said on the ninth of the month, or the one who said on the seventeenth, [in what do they differ?] there are twenty-one days from the day the city was breached to the day the Temple was destroyed. Rebbi Abuna said, an indication, I am seeing an almond stick. Since this almond tree from sprouting its flower to finishing its fruit needs twenty-one days, so from the day the city was breached to the day the Temple was destroyed twenty-one days. He who says on the Ninth of the month, the Temple was destroyed on the first of Av. He who says on the Seventeenth, the Temple was destroyed on the Ninth of Av.

Rebbi Abba in the name of Rav Jehudah: In any case they said, it should be pushed away from its place, only with ten. But we see Rabbis even single? Rebbi Abuna in the name of Rebbi Assi: In any case they said, any that is pushed to the market day, only with ten. Rebbi Ḥanania said, Rav Ḥuna and Rav Jehudah disagree. One says, only with ten; the other one says, even singly. The one who said only for ten objected to the one who said even singly: then why does he not read at his place?

“The only difference between Sabbath and the Day of Atonement is that in the first case its intentional desecration is punished by man and in the second case by extirpation.” Therefore, for payment both follow the same rules. This is by Rebbi Neḥoniah ben Haqanah since Rebbi Neḥoniah ben Haqanah says, the Day of Atonement follows the rules of Sabbath for payment. But Rebbi Simeon ben Menassiah says those subject to extirpation equal those subject to capital punishment. What is between them? Rebbi Aḥa in the name of Rebbi Abuna said, a menstruating adolescent girl is between them. Rebbi Mana said, also his wife’s sister is between them. In the opinion of Rebbi Neḥoniah ben Haqanah, just as the Sabbath does not become permitted after its prohibition started; so the Day of Atonement does not become permitted after its prohibition started. However, these may become permitted after their prohibition started, he has to pay. But Rebbi Simeon ben Menassiah said, extirpation applies to the Sabbath and the day of Atonement; extirpation does not apply to these, he has to pay. Rebbi Judah bar Pazi asked: What say these Tannaim about whipping and extirpation? Rebbi Yose said, that is a problem for the rabbis. Rebbi Jonah said, why can we not understand it from what Rebbi Simeon ben Yoḥai stated? As Rebbi Simeon ben Yoḥai stated: Rebbi Tarphon says, extirpation was mentioned for the Sabbath and the Day of Atonement. Since for extirpation mentioned for the Sabbath there can be no whipping connected to extirpation, so for extirpation mentioned for the Day of Atonement there is no whipping in a case involving extirpation. Rebbi Mana said before Rebbi Yose: When do we need this? Not for Rebbi Simeon ben Laqish? But for Rebbi Joḥanan, if he admits flogging in death penalty cases, certainly flogging in extirpation cases, since they disagreed: If somebody slaughters an animal and its young for idolatrous purposes. Rebbi Joḥanan says, if he was cautioned about an animal and its young, he is flogged, about idolatry, he is stoned to death. Rebbi Simeon ben Laqish said, even if he was cautioned about an animal and its young, he is not flogged since he would be stoned to death had he been cautioned about idolatry. He said to him, we need it even for Rebbi Joḥanan! Here are two cases, there it is one case.

HALAKHAH: Therefore vessels used to prepare food are forbidden. But did he not make the vow about food? Rebbi Simeon ben Laqish: so is the Mishnah: The only difference between one who is under a vow {not to have} usufruct from another and one who is under a vow about use for food. In the House of Rebbi it was stated thus: “One who is under a vow about use of food should not borrow from him a fine or coarse sieve, a grindstone, or an oven.” It was stated: But he may borrow from him cups and bowls and fruit bowls, since these are not used to prepare food, only to serve food. Pans and pots are forbidden. To mill grain and to press grapes is forbidden. Harvesting grain is a problem, harvesting grapes is a problem. What kind of usufruct of food? It was stated: But he may borrow an axe from him. We wanted to say, an axe to split. Explain it by a hatchet for weeding, and you cannot infer anything. Rebbi Abuna said, that zwsta since one removes and separates the bran from flour with it, it is like a sieve.

HALAKHAH: “One does not interrupt curses.” Rebbi Ḥiyya bar Gamda said, do not be repelled by his reproach, do not split it into many thorns. Rebbi Levi said, the Holy One, praise to Him, said that it is not logical that My children be cursed and I praised. Rebbi Yose ben Rebbi Abun said, not because of that reason but because one who stands up to read in the Torah needs to start with something good and conclude with something good. Levi bar Paṭi asked Rav Ḥuna: these curses which we read as one, should one recite a benediction before and after? He said to him, nothing needs a benediction before and after except the curses in Leviticus and the curses in Deuteronomy. Rebbi Jonathan the scribe of Gufta came down here; he saw Bar Abuna reading the Song of the Well and recite a benediction before and after. He said to him, does one do this? He answered him, you still are about this? All songs need a benediction before and after. Rebbi Simon was asked. Rebbi Simon told them in the name of Rebbi Joshua ben Levi, only the Song on the Sea, and the Ten Commandments, and the curses [in Leviticus and the curses] in Deuteronomy need a benediction before and after. Rebbi Abbahu said, I did not hear. It seems reasonable for the Ten Commandments. Rebbi Yose ben Rebbi Abun: the eight verses in Deuteronomy need a benediction before and after. Without this do not the one who starts and the one who finishes recite the benediction before and after? But it is needed for a New Moon which falls on a Sabbath.

There are Tannaim who state, the mourners are not counted in the quorum. [There are Tannaim who state, the mourners are counted in the quorum.] Rebbi Abuna said, he who said, the mourners are not counted in the quorum, the mourners of this deceased. He who said, the mourners are counted in the quorum, the mourners of another deceased. But was it not stated, he leaves to be comforted but not to comfort?

Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!

There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt that he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The first case teaches about the second and the second about the first. The first case teaches about the second, that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, that he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease all the time it is leased to him. Rebbi Ze‘ira asked Rebbi Abuna: If the owners borrowed it and it died? He said to him, in that case we say, they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

Rebbi Ze‘ira, Rebbi Abuna in the name of Rav: At a place where one writes ketubah documents, if he says I wrote, but she says you did not write, the burden of proof is on her to prove that he did not write. But at a place where one does not write ketubah documents, if he says I wrote, but she says you did not write, the burden of proof is on him to prove that he wrote.

HALAKHAH: “If somebody was married to four women when he died,” etc. Rebbi Abuna in the name of Rebbi Samuel: Following Ben Nanas, if one document was produced against (the wife) buyers, they all divide evenly. Rebbi Aqiba said before Rebbi Mana: Does this not disagree with Rebbi Samuel, since Samuel said, sharpness of the judges? As in the case of two mortgages written on one field, to whom they want to hand it over in possession they hand it over. And here, he says so? Not with two mortgages, what about one? He did not hear what Rebbi Abin said in the name of Samuel: There is no difference, whether two mortgages were written on two fields or two mortgages were written on one field, to whom the court decide they hand it over in possession. Rebbi instituted that one follows Ben Nanas in matters of annona, head taxes, and real estate taxes.

Rebbi Immi in the name of Rebbi Joḥanan: The Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is free. And why did we state: “Rabban Gamliel obligates him”? This comes to tell you the power of Rabban Gamliel, how far he obligates people. Rebbi Abbahu [supported] that of Rebbi Immi. Rebbi Simeon ben Laqish says, the Mishnah, if he sued him for wheat and he admitted barley; but if he sued him for two kinds and he admitted one of them, according to everybody he is obligated. Rav followed Rebbi Simeon ben Laqish: A person went with another to court before Rav. He started claiming from him barley, wheat and spelt. Rav told him, charge him with anything you have to charge, and in the end he will swear one oath about everything. Rebbi Abbahu said, so argued Rebbi Simeon ben Laqish against Rebbi Joḥanan: In your opinion, since you say that if he sued him for two kinds and he admitted one of them, according to everybody he is free, did we not state “if he sued him for vessels and real estate; if he admitted the vessels and denied the real estate, the real estate and denied the vessels”? If he is obligated for vessels about vessels, not so much more vessels for real estate? What does he do with it? He explains it, to transfer an oath to him. But did we not state: If somebody sues another for amphoras of oil, and the defendant admits [that he owes him] vessels”? How do we hold? If he sued him for vessels and oil, and he admitted one of them, everybody agrees that this refers to the claim. But if he sued him for oil and he admitted vessels, everybody agrees that what he admitted does not refer to the claim, for Rebbi Ze‘ira, Rebbi Abuna said in the name of Rav: The Mishnah deals with the case that he sued for vessels full of oil; the ones are full, the others empty. One understands vessels but not oil. Oil but not vessels? Rebbi Eleazar in the name of Rebbi Abun formulates it as oil bucket. Can one not ask him in the end? If he lost his speech.

“On the eighth day one shall circumcize,” even on the Sabbath. How can I confirm “its desecrator shall certainly die?” Even for circumcision? How can I confirm “on the eighth day one shall circumcize”? Even on the Sabbath? The verse says “But on the eighth day one shall circumcize,” even on the Sabbath. In Torah, Prophets, and Hagiographs we find that the Sabbath is as weighty as all other commandments of the Torah [taken together]. In the Torah, “until when will you refuse to keep My Commandments and Teachings,” and it is written: “See that the Eternal gave you the Sabbath.” In Prophets, as is written: “But the sons rebelled against Me; My Laws they did not follow” etc., and it is written: “My Sabbaths they much desecrated.” In Hagiographs, as it is written: “On Mount Sinai You descended,” and it is written: “And about Your holy Sabbath You informed them,” etc. Rebbi Eleazar ben Rebbi Abuna said, commandment of Sabbath is written plene, to inform you that it is as weighty as all other commandments of the Torah. A parable of two ladies who meet and you do not know which one is of higher standing. If one makes room for the other, you know that the other is of higher standing.

HALAKHAH: “The only difference between one who is under a vow [not to have] usufruct from another,” etc. This means that vessels used to prepare food are forbidden. But did he not make the vow about food? Rebbi Simeon ben Laqish, so is the Mishnah: The only difference between one who is under a vow [not to have] usufruct from another and one who is under a vow about use for food. In the House of Rebbi it was stated thus: “One who is under a vow about use of food should not borrow from him a fine or coarse sieve, a grindstone, or an oven.” It was stated: But he may borrow from him cups and bowls and fruit bowls, since these are not used to prepare food, only to serve food. Pans and pots are forbidden. To mill and to press is forbidden. Cutting is a problem, harvesting is a problem. What kind of usufruct? It was stated: But he may borrow a spade from him. We wanted to say, a spade of a digger. Explain it by a spade for weeding, and you cannot infer anything. Rebbi Abuna said, that ysṭ’, since one removes and separates the bran from flour with it, it is forbidden to borrow from him.

Rebbi Hoshaia, when he received witnesses at Kallirhoë, used to say to them: You should know the importance of the testimony that comes from your mouth, how much rent money depends on your mouths. Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with a girl three years and one day old, he is stoned. The Court decided to lengthen, if he sleeps with her he is not stoned. Rebbi Abun said: “I am calling to Almighty God, to the God who decides with me.” If a girl is three years and one day old, if the Court decided to lengthen, her hymen repairs itself, otherwise it does not repair itself.

As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.

As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.

As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.

Rebbi Hoshaia, when he received witnesses at Kallirhoë, used to say to them: you should know the importance of the testimony that comes from your mouths; how much rent money depends on your mouths. Rebbi Abuna said, if it is so, it is even a matter of criminal law. If somebody sleeps with a girl three years and one day old, he is stoned. The court decides to lengthen, if he sleeps with her he is not stoned. Rebbi Abun said, I am calling to Almighty God, to the God Who decides with me. If a girl is three years and one day old, if the court decides to lengthen her hymen does (not) repair itself, otherwise it does [not] repair itself.